Religious Courts in the Jurisprudence of the European Court of Human Rights
In: Brill Research Perspectives Ser.
In: Brill Research Perspectives in International Law Ser.
Intro -- Contents -- Religious Courts in the Jurisprudence of the European Court of Human Rights -- Abstract -- Keywords -- 1 Introduction -- 1.1 Background: The Religious Courts at a Glance -- 1.2 The Case Law of the ECtHR -- 1.3 Cases Seen from Different Perspectives -- 1.4 No Cross-references to Previous ECtHR Cases and Other Technical Matters -- 2 Religious Courts: Their Structures and Their Legal Standing -- 2.1 Religious Courts: Sources of Law and Structures -- 2.2 Religious Courts and Their Legal Standing in European Countries -- 3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts -- 3.1 Karlsson (1988)-The Swedish Government and Appeals from a Diocesan Chapter -- 3.2 Williamson (1995)-Challenging a Church Measure before the English (State) Courts -- 3.3 Implicitly, Only Church Courts Are Competent to Adjudicate a Case of Compulsory Retirement-The Case of the Protestant Clergyman in X v Federal Republic of Germany (1981) -- 3.4 State Interference in the Functioning of Churches and Religious Associations (Autonomy of Churches and Religious Communities) -- 3.5 Episodic Roles of Religious Courts -- 3.6 Cases in Which the Applicants and the Domestic (State) Courts Referred to the Internal Law of Churches and Religious Communities But Made No Reference to Their Religious Courts -- 4 Relations between Religious Courts and State Courts in Strasbourg Case-Law -- 4.1 No Answer to the Question Whether the Consistory Courts of the Church of Denmark Provide Proper Legal Protection-(Clergyman) X v. Denmark (1976) -- 4.2 The Consistory Court of the Church of England as an Impartial Court under Article 6 ECHR-Tyler (1993) -- 4.3 The Cathedral Chapter of the Evangelical Lutheran Church of Finland Is Not Impartial: Helle (1997) -- No Comment: Ahtinen (2008).